The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-11-23
FLokIpA,s METROPOLIS.
immigrants From a Cholera Ship En-
Route to the City.

JACKSONVILLE, FLA, Nov 22.-The
Duval County Board of Health received a
letter to-day from the State Board of Health
of New York, warning them that five pas
sengers from the steamship Alesia, who
had been quarantined at New York harbor
for some time past, on account of cholera,
were now en- route to this city. They
were Michale Corlette, aged so years;
Isabella Corlette, aged A years; Rose Cor
lette. aged 2lS; Rocco Martoccio, aged IL,
and Francisco Martoccio H. Their names
were forwarded so this board could take
what action it deemed advisable, but it is
not thought there is any danger from
them, even if they come here, as they all
served the usual quarantine period. The
board will probably meet tomorrow and
discuss the matter. The criticism Is made
by the officials here, that if the New York
State a. thoritieS have no confidence in their
quarantine doctors, they should not permit
these immigrants to enter the country at
all.
JACKsoNvILLE's CHARTER.
The topic of conversation everywhere in
the city among business men this morning
was relative to the action of the Supreme
Court upon the new city charter act. The
charter is declared constitutional. but in
operative, simply from the fact that there is
no provision made to put it in operation, in
short, TO call and hold an election.
Some of the very ablest lawyers in the
city have been consulted upon the subject
this morning, but they are not unit upon
various points involved.
Edwin M. Randall ex-Chief Justice of the
Supreme Court of Florida, one of the best
iuristS in the State, is of the opinion that
the decision of the Supreme Court, declar-
ing the new charter constitutional annuls the
old one, and that the new one cannot be
changed to make it operative except by the
Legislative action. This would leave the
present city officials in charge until their
successors are elected and qualified,
which will be two years hence
unless the Legislature is convened
in extra session by the Governor. The
officers holding over cannot, Judge Randall
thinks, exercise more than police jurisdic-
ton. They cannot make or unmake ordi-
nances or levy and collect taxes. The
opinion as to leaving the present incumbent
in office until legislation is had to provide
the mode and manner of electing their sue
cessors is concurred in by others.
Judge r. b. Archibald is of the opinion
that the present incumbents hold over until
the Legislature meets and amends the law,
and that they have the power to
operate the machinery of govern
ment as at present; and will be sus-
tanned in it by the courts. He believes
that an official de facto is tho same as one
de jure, and that precedents will bear him
out in this Judge Archibald is fully Of
the opinion that Burbridge and Bo WIDEN
will remain Mayors until the Legislature
convenes unless they decline to serve. The
same power that makes laws Is the only
power that can amend them.
Col Louis j. Fleming says he is under
the impression that the new charter can take
effect and the election legally held next
month for officers under it.
Mayor Burbridge believes that the law
will sustain him and Mayor Bowden (of
LaVilla) in holding over until the law is
amended by the Legislature and their sue
cessors elected. He says it would be pre-
posterous though for them to attempt to
operate without the possession of the full
machinery Of the two corporations as at
present provided.
+. f. LEngle, ESQ.,, member of the
Board of County Commissioners and a well
known and capable lawyer said he had not
examined the decision, but his view, that
the Board of County Commissioners had
nothing to do with the calling of an election
under the new charter act, was sustained.
There Is much in this matter for discus
sion, and it is hoped just and legal solu-
ton will be arrived at before any decided
steps are taken. A number of men favor
this must be done in the proper manner and
have the sanction of the courts and the
people at large.
The United States Court convenes Dec. 5,
and it is said the session will be long one.